SINGSAVVY TERMS OF SERVICE
These Terms of Service (the “Terms”) form a legally binding contract between you (“Customer”, “You” or “Your”) and SingSavvy LLC, (“SingSavvy”). The Agreement (including these Terms) is effective on the date which is the earlier of (a) your express acceptance of this Agreement, for example by clicking an acceptance button, checking an acceptance box, (b) your initial access to or use of any portion of the Website, the App, the Programs, or the Subscription Services (as defined below), or (c) the date of your first purchase (including of any Subscription Services) from SingSavvy referencing this Agreement (the “Effective Date”). The Agreement governs your access and use of the Website, App, Programs, and Subscription Services as defined below.
Agreeing to these Terms
BY CLICKING AN ACCEPTANCE BUTTON, CHECKING AN ACCEPTANCE BOX, OR ACCESSING OR USING ANY PORTION OF THE Website, the App, the Programs, or the Subscription SERVICES, YOU ARE ACCEPTING ALL OF THESE TERMS, INCLUDING ALL EXHIBITS, THE PRIVACY POLICY, AND ALL OTHER POLICIES OR GUIDELINES MADE AVAILABLE BY SINGSAVVY, WHETHER ON THE WEBSITE, THE APP, OR OTHERWISE (collectively the “Agreement”), AND THAT THE AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND SINGSAVVY.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE ANY PORTION OF THE WEBSITE, THE APP, THE PROGRAMS, OR THE Subscription SERVICES. IF YOU WISH TO USE ANY PORTION OF THE WEBSITE, THE APP, THE PROGRAMS, OR THE Subscription SERVICES AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A CORPORATION, COMPANY, PARTNERSHIP, FRANCHISE OR OTHER LEGAL ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN ON BEHALF OF AND BIND THE LEGAL ENTITY, AND YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE FULL POWER, RIGHT AND AUTHORITY TO AGREE TO AND BIND SUCH ENTITY TO THIS AGREEMENT (INCLUDING THESE TERMS).
SingSavvy reserves the right to modify this Agreement or any part hereof (including, for example, any or all these Terms) in its sole discretion, by publishing a new or updated version of this Agreement or any part hereof.
These Terms include (1) a requirement to arbitrate any disputes arising under these Terms, and (2) a class action waiver. PLEASE SEE SECTION 8, PARTICULARLY SECTION 8(d), FOR MORE DETAILS.
The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers to obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. SingSavvy does not intend to, and does not, collect personal information, in particular any personal information relating to a child under 13. If You are a child under 13, please do not send any personal information about Yourself to SingSavvy, unless Your parent has provided SingSavvy with prior consent. If SingSavvy learns it has collected personal information from a child under the age of 13 without parental consent, SingSavvy will delete that information as quickly as reasonably possible. If You believe that a child under 13 may have provided SingSavvy any personal information in violation of this paragraph, please contact SingSavvy at [email protected].
- Grant of Rights to customer.
- The Website, App, Platforms, & Program. One of SingSavvy’s primary goals is to provide a platform where the power of singing meets the science of wellness and personal development. To achieve this goal, SingSavvy is committed to creating a one-of-a-kind community, website com (the “Website”), and mobile application (the “App”), including portions of each that require a Subscription to fully access and use (the “Platform”) with classes, tools, techniques, materials, and content (the “Programs”) to help You experience the benefits of singing, learn new singing techniques, and/or participate in singing-related activities.
- Subscriptions Services. Subject to Your compliance with this Agreement, You may access and use certain portions (as determined by SingSavvy, in its sole discretion) of the Website and/or App without a Subscription for free. Additionally, subject to the terms and conditions of an applicable Subscription and this Agreement, You may access and use the Platform, Programs, and content (collectively, the “Subscription Services”), or if You are a legal entity (rather than a natural human person) You may allow Your authorized end users to access and use the Subscription Services.
- Registering an Account. In order to access certain portions of the Website or App, including the Subscription Services, You must use the Website or App to register a unique, individual user account with SingSavvy or one of SingSavvy’s designated partners (such as Kajabi) and sign-up for a paid subscription using Your account (the “Subscription”). As a condition of registering an account and/or a Subscription, You may be required to agree to terms or conditions additional to this Agreement. In certain instances, in SingSavvy’s sole discretion, SingSavvy may elect to waive part or all of the fees for a Subscription.
- Permissions from Customer.
- Privacy Policy. The SingSavvy privacy policy available at [INSERT Link to Privacy Policy HERE] (the “Privacy Policy”) forms part of this Agreement and is fully incorporated herein by reference.
- User Submissions. By voluntarily submitting to SingSavvy, the Websites, the App, or the Platform any content, program, video, audio, information, communication, feedback, data, ideas, inventions, intellectual property, or other materials of any type (each a “User Submission”) You grant SingSavvy an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sublicensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit Your User Submission and all copyright, patent, trade secret, trademark, moral right, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to You or any third party. By submitting a User Submission, You also grant SingSavvy the right to include Your name and/or city of residence in connection with any use of such User Submission. By submitting a User Submission, You represent and warrant that You have the full right and authority to grant the rights and licenses set forth above and that any User Submission you provide will not, in whole or in part, infringe the intellectual property rights, rights of privacy or publicity, or any other rights of any third party. You further represent and warrant that You have attained the legal age of majority in Your jurisdiction. In the event that You do not actually have the rights necessary to grant SingSavvy any or all of the foregoing rights and licenses or You breach any of the foregoing representations or warranties, You agree to defend, indemnify, and hold SingSavvy harmless from any and all damages, losses, liabilities, judgements, settlements, costs, or other expenses (including attorneys’ fees) any and all claims arising from, relating to, in connection with (i) Your lack of such rights; (ii) false advertising; (iii) intellectual property infringement, dilution, misappropriation, or other violation; and (iv) defamation.
- Contacting You. You agree that SingSavvy may contact you via phone, email, or mail regarding your access to or use of the Website, App, Subscription Services, User Submission, or submission of a User Submission.
-
- Acceptable Use Policy. The SingSavvy acceptable use policy available at [INSERT Link to Acceptable Use Policy] (the “AUP”) forms part of this Agreement and is fully incorporated herein by reference.
- Prohibited Activities. You will not, and will not allow Your end users (if You are authorized by SingSavvy to have any) to:
- use the Website, the App, or the Subscription Services for any purpose that is prohibited by this Agreement or any applicable law, rule, or regulation;
- use the Website, the App, or the Subscription Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website, the App, or the Subscription Services, or that could damage, disable, overburden, or impair the functioning of the Website, the App, or the Subscription Services;
- use any robot, spider, crawler, scraper, or other manual or automated means or interface to access the Website, the App, or the Subscription Services, retrieve, index, scrape, “data mine” or otherwise gather content or extract other user’s information;
- use or attempt to use another user’s account, username, or password without their permission;
- impersonate SingSavvy, any employee of SingSavvy, another user, or any other person or entity than themselves or otherwise misrepresent any affiliation, endorsement, or sponsorship between You and SingSavvy, and/or any other person or entity;
- upload viruses or other malicious code or otherwise compromise the security of the Website, the App, or the Subscription Services;
- attempt to circumvent any content-filtering techniques SingSavvy employs, or attempt to access areas or features of the Website, the App, or the Subscription Services that You are not authorized to access;
- probe, scan, or test the vulnerability of our Website, the App, or the Subscription Services or any system or network;
- use the Website, the App, or the Subscription Services for any unauthorized purpose, including but not limited to, the purpose of building a competitive product or service or for similar competitive purposes;
- encourage or promote any activity that violates this Agreement;
- sublicense, distribute, or otherwise transfer rights to, or in any way exploit, any access to or any material on the Website, the App, or the Subscription Services, in whole or in part;
- remove any proprietary notices or labels on any content or material on the Website, the App, or the Subscription Services.
- Compliance with Laws. You shall comply, and shall ensure Your authorized end users comply, with all laws applicable to the Website, the App, or the Subscription Services or the use thereof.
- Third Party Policies and Payment Processing. SingSavvy may rely on third-parties to provide certain aspects of the Website, the App, or the Subscription Services. As a result, in order for You to access or use the Website, the App, or the Subscription Services (or certain portions thereof) You may be required to agree to and comply with certain terms and conditions from these third-parties. Violation of any such third-party terms may also constitute a violation of this Agreement, if SingSavvy determines (in its sole discretion) that such third-party terms are essential to the proper function of the Website, the App, or the Subscription Services. SingSavvy will use commercially reasonable efforts to notify You before You agree to (or are required to agree to) any of such third-party terms.
- Term and termination.
- Term. The term of this Agreement will commence upon the earliest action set forth under the “Agreeing to these Terms” section at the beginning of these Terms, and will continue until this Agreement is terminated according to this Section 4 (the “Agreement Term”).
- Subscription Term. The term of Your Subscription will commence upon Your purchase of the Subscription (unless stated otherwise in any terms or conditions You agree to in connection with Your purchase of Your Subscription), and will continue until Your Subscription is expires according to the terms and conditions You agree to in connection with Your purchase of the Subscription or is terminated according to this Section 4 (the “Subscription Term”).
- Termination by Customer. The Agreement Term and the Subscription Term cannot be terminated by You unless otherwise specified on in this Agreement or, with respect to the Subscription Term, the terms You agree to in connection with Your purchase of the Subscription. You may stop using the Website, the App, or the Subscription Services at any time; however, You will remain responsible for payment of all fees, including unpaid subscription fees, owed for the entire Subscription Term.
- Termination by SingSavvy. SingSavvy may terminate the Agreement Term and/or the Subscription Term immediately, without notice to You, in the event that (i) You breach this Agreement, (ii) SingSavvy has reason to suspect that You have breached this Agreement, (iii) SingSavvy files bankruptcy (voluntarily or involuntarily) or otherwise becomes insolvent, or (iv) SingSavvy ceases to continue do business in the area of this Agreement; (v) You fail to pay any subscription fees required by this Agreement or any terms You agree to in connection with Your purchase of the Subscription.
- Suspension. SingSavvy may temporarily suspend Your access to the Website, the App, and/or the Subscription Services if SingSavvy determines such a suspension is necessary for (i) the security of SingSavvy itself, the Website, the App, or the Subscription Services; (ii) the safety or security of any of SingSavvy’s employees, customers, vendors, agents, or representatives, (iii) SingSavvy has reason to suspect that You have breached this Agreement, or (iv) or for any other reason that SingSavvy determines (in its sole discretion) to be necessary.
- Effects of Termination. Immediately upon the termination of the Agreement Term, You will cease any and all access or use of the Website, the App, and the Subscription Services and any portion thereof.
- Survival. The following sections will survive any termination or expiration of this Agreement: Section 4 (Term or Termination), Section 5 (Disclaimers), Section 6 (Indemnification), Section 7 (Limitation of Liability), Section 8 (Dispute Resolution and Arbitration), Section 9 (Miscellaneous).
-
- General Disclaimer. SINGSAVVY PROVIDES THE Website, the App, or the Subscription Services USING A COMMERCIALLY REASONABLE LEVEL OF CARE. HOWEVER, SINGSAVVY DOES NOT MAKE ANY COMMITMENTS ABOUT THE Website, the App, or the Subscription Services OR THE CONTENT THEREON, INCLUDING USER SUBMISSIONS, THE SPECIFIC FUNCTION OF THE Website, the App, or the Subscription Services, THEIR QUALITY, RELIABILITY, AVAILABILITY, SECURITY OR ABILITY TO MEET YOUR OR YOUR END USERS’ REQUIREMENTS. SINGSAVVY DOES NOT WARRANT THAT THE Website, the App, or the Subscription Services WILL BE ERROR-FREE. ACCORDINGLY, YOU UNDERSTAND THAT YOUR USE OF THE Website, the App, or the Subscription Services AND THE CONTENT THEREON IS AT YOUR SOLE RISK, AND THE Website, the App, or the Subscription Services, INCLUDING THE USER CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SINGSAVVY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND ABOUT THE Website, the App, or the Subscription Services, INCLUDING THE CONTENT THEREON, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE. SINGSAVVY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES RELATING TO ANY CONTENT, INCLUDING USER SUBMISSION, AND ANY THIRD PARTY SERVICES. YOU WILL LOOK SOLELY TO THE THIRD PARTY SERVICE PROVIDER FOR ANY WARRANTY RELATED ISSUES OR OTHER CLAIMS RELATED THERETO.
- Not Medical Advice/Care. Information, materials and content contained on the Website, the App, and/or the Subscription Services is for informational use only. Nothing contained in the Website, the App, and/or the Subscription Services, including the content thereon, is intended to be a substitute for, nor does it replace, professional training, healthcare or wellness advice, diagnosis or treatment. YOU AND YOUR AUTHORIZED END USERS ACKNOWLEDGE THAT YOU UNDERSTAND THAT THERE IS ALWAYS A CHANCE THAT PARTICIPATING IN ANY PROGRAM CAN RESULT IN PHYSICAL INJURY. It is You and Your authorized end users responsibility to evaluate Your own medical, physical, and mental condition and to independently determine whether to participate in any Program or whether You should pursue professional care for Your medical, physical, and mental health. If You have any concerns or questions about Your medical, physical, and mental health, You should always consult with a physician or other healthcare professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something You may have viewed on the Website, the App, and/or the Subscription Services.
- You hereby agree to defend, indemnify and hold harmless SingSavvy, its officers, directors, employees, affiliates, subsidiaries, agents, licensors, suppliers, and Third Party Service providers from and against all liabilities, harms, damages, costs, and expenses arising directly or indirectly out of Your or Your authorized end users: (a) use or misuse of the Website, the App, or the Subscription Services; (b) breach or alleged breach of any of this Agreement; (c) violation of applicable laws, rules, or regulations; (d) provision or use of any User Submission; or (e) breach or alleged violation, infringement or misappropriation of any intellectual property or proprietary right of any third party in connection with access or use of the Website, the App, or the Subscription Services.
- Limitation of liability.
- Waiver of Consequential, Indirect, and Special Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, SINGSAVVY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR, OR YOUR AUTHORIZED END USERS’, USE OF OR INABILITY TO USE THE Website, the App, or the Subscription Services, CONTENT THEREON, ANY USER SUBMISSION, OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USER SUBMISSIONS, LOSS OF PRIVACY OR SECURITY, UNAUTHORIZED ACCESS TO OR USE OF THE Website, the App, or the Subscription Services OR USER SUBMISSION, INTERRUPTION OF BUSINESS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF SINGSAVVY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Cap on Direct Damages. TO THE FULLEST EXTENT ALLOWED BY LAW, SINGSAVVY’S ENTIRE LIABILITY ARISING UNDER, RELATING TO, OR ARISING IN CONNECTION WITH THIS AGREEMENT, THE Website, the App, or the Subscription Services SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT ACTUALLY PAID BY YOU TO SINGSAVVY UNDER THE AGREEMENT IN THE TWO (2) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR (II) US $1000.
- Dispute resolution and ARBITRATION.
PLEASE READ THIS PROVISION CAREFULLY; IT INCLUDES A CLASS ACTION WAIVER AND ARBITRATION REQUIREMENT, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
- Governing Law & Venue. All matters relating to the Website, the App, the Subscription Services, or this Agreement, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).
- Arbitration. By using the Website, the App, or the Subscription Services, You and SingSavvy agree that any controversy, claim, suit, demand, counterclaim, cross claim, or third party complaint, arising out of, or relating to the Website, the App, the Subscription Services, or this Agreement, or Your use thereof, (collectively referred to as “Claim”) and/or the validity and enforceability of this arbitration provision, shall be submitted to final and binding arbitration in the State of Colorado in or near Boulder, CO.
The agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §1, et seq. and not by any state rule or statute governing arbitration. This agreement to arbitrate shall survive any expiration and/or termination of this Agreement. You and SingSavvy agree that Claims shall be arbitrated by a single arbitrator on an individual basis and not as a class or mass action. You and SingSavvy agree that the arbitrator may not consolidate proceedings of more than one person’s claims. YOU EXPRESSLY WAIVE ANY RIGHT TO ARBITRATE A CLASS OR MASS ACTION OR TO A JURY TRIAL. Arbitration shall be administered by any nationally recognized organization that the parties may choose subject to mutual approval. Arbitration shall be administered according to the arbitration service’s then current applicable rules and procedures except the You and SingSavvy expressly waive the applicability of any rule governing class or mass action. You can obtain a copy of the applicable rules by contacting the arbitration organization or visiting its website. Arbitration fees shall be administered according to the arbitration service’s fee schedule and then current applicable rules. The arbitrator shall be selected pursuant to the applicable rules and shall establish the procedure and scheduling of the arbitration, bearing in mind its expedited nature. The arbitrator shall be governed by the ethical rules of the selected arbitration service, the Colorado (or if no applicable Colorado rule exists, the federal) rules of evidence and the governing substantive law in making an award. The arbitrator’s award shall be final and binding on all parties. Any state or federal court having jurisdiction may enter judgment on the arbitrator’s award. To the extent that any part of this Agreement (including any part of this Section 8(b) is ruled illegal or unenforceable by the arbitrator or any other finder of fact or law, such clause shall be deemed severed and the remaining provision shall survive. IF A DISPUTE IS ARBITRATED ACCORDING TO THIS PROVISION, YOU UNDERSTAND AND AGREE: (1) TO RESOLVE ALL DISPUTES WITH SINGSAVVY BY BINDING ARBITRATION RATHER THAN IN COURT; (2) THAT YOU GIVE UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLAIM AGAINST SINGSAVVY, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL OR CLASS CLAIMS OR OF MASS ACTION CLAIMS; (3) THAT OTHER RIGHTS YOU AND SINGSAVVY MIGHT HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION, FOR EXAMPLE, THE AMOUNT OF DISCOVERY; (4) THAT YOU HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHT TO A JURY TRIAL ON ANY CLAIM, REGARDLESS OF THE ENFORCEABILITY OF THIS ARBITRATION PROVISION.
-
- Copyright Notice. In the event SingSavvy receives a copyright infringement notice, SingSavvy will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from the Website, the App, or the Subscription Services infringe Your copyright, You may request removal of those materials (or access to them) by submitting written notification to SingSavvy’s copyright agent here [email protected]. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (the "DMCA"), the written notice (“DMCA Notice”) must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
- Identification of the material You believe to be infringing in a sufficiently precise manner to allow SingSavvy to locate that material;
- Adequate information by which SingSavvy can contact You (including your name, postal address, telephone number, and, if available, email address);
- A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- Assignment. This Agreement and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You under any circumstances, but may be assigned, transferred, delegated, and sublicensed by SingSavvy without restriction. Any purported assignment or delegation in violation of this section will be null and void.
- Force Majeure. In no event will SingSavvy be liable or responsible to You, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by any circumstances beyond SingSavvy’s reasonable control (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency.
- Waiver & Severability. A failure on the part of SingSavvy to act with respect to a breach by You or others of this Agreement does not waive SingSavvy’s right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
- Revisions & Amendments. SingSavvy may revise or amend this Agreement or any part hereof (including these Terms) at any time, in its sole discretion. If SingSavvy makes any significant revisions or amendments to these Terms that would materially affect You, SingSavvy will use commercially reasonably efforts to provide You with notice of the change(s). The notice from SingSavvy may be in any form that SingSavvy determines to be reasonable, given the circumstances, including posting the updated Terms on the Website and/or App or posting a notice describing the changes to the Terms on the Website and/or App. Your continued access to or use of the Website, the App, or the Subscription Services constitutes Your acceptance of the modified Terms and the revisions thereto.
- Agency. No agency, partnership, joint venture, or employment between You and SingSavvy is created as a result of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement.
- Entire Agreement. No agency, partnership, joint venture, or employment between You and SingSavvy is created as a result of this Agreement.
- Contact Us. If You want to contact SingSavvy for any reason, You may [email protected].